There is hereby created and established
a commission to be known as the city building commission to make determinations
regarding maximum allowed height within the view protection conditional
overlay district, variances to maximum allowed height for structures
in any zoning district within the city limits, and to make determinations
regarding variance requests of encroachments into easements and building
setbacks.
(Ordinance 2020-03-16-04 adopted 3/16/20)
(a)
The commission shall consist of seven
(7) members.
(b)
The members are to be nominated by
the mayor and confirmed by the city council in accordance with the
requirements established in the city’s charter. The city council
may also appoint two (2) alternate members to the city building commission
who shall serve in the absence of one or more regular members when
requested to do so by the chair.
(c)
Eligibility for membership on the
commission is as specified in the charter.
(d)
The mayor in consultation with the
council liaison for this commission shall designate a member to serve
in the capacity of chair.
(Ordinance 2018-07-16-05 adopted 7/16/18)
The term of office shall run concurrently
with the term of the mayor. Vacancies shall be filled in the same
manner as appointment.
(Ordinance 2018-07-16-05 adopted 7/16/18)
Before making a determination on a height request within the view protection conditional overlay district or on a variance request of section 30.04.011 [sic], the commission shall hold a public hearing thereon. Written notice of all public hearings before the commission shall be sent to owners of real property lying within 200 feet of the property on which the action is proposed, such notice to be given not less than ten (10) days before the date set for hearing. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States post office. Where property lying within 200 feet of the property proposed for action is located in territory which was annexed to the city after the final date for making renditions which are included on the last approved city tax roll, notice to such owners shall be given by publication in the manner provided by law.
(Ordinance 2018-07-16-05 adopted 7/16/18)
For the purposes of this chapter,
a quorum shall consist of four (4) members of the commission.
(Ordinance 2018-07-16-05 adopted 7/16/18)
A commission member may be removed pursuant to section 7.01 of city charter.
(Ordinance 2018-07-16-05 adopted 7/16/18)
(a)
Any person aggrieved by any decision
of the CBC may take an appeal to the city’s board of adjustment.
Any appeal must be taken within 30 days from the date of the decision
appealed from by paying the required fee and by filing with the building
and development services department (BDS) a notice of appeal, specifying
the grounds in writing thereof. BDS shall forthwith transmit to the
board of adjustment all the papers upon which the action appealed
from was taken.
(b)
The board of adjustment, when appealed
to from an adverse decision by the CBC, after ten (10) days’
written notice to all property owners within 200 feet of the subject
property, shall hold a hearing, and the board of adjustment may vary
the application of any provision of this article to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose of this
article or public interest, or when, in its opinion, the interpretation
of the CBC should be modified or reversed.
(c)
A decision of the board of adjustment
to vary the application of any provision of this article, or to modify
an order of the CBC, shall specify in what manner such variance or
modification is made, the conditions upon which it is made, and the
reasons therefor.
(Ordinance 2018-07-16-05 adopted 7/16/18)
